CORPORATION OF THE COUNTY OF PRINCE EDWARD. April 19, 2017

Transcription

1 CORPORATION OF THE COUNTY OF PRINCE EDWARD A Planning Public Council Meeting was held on at 7:25 p.m. in the Council Chambers, Shire Hall with the following members present: Mayor Ward 1 (Picton) Councillor Ward 2 (Bloomfield) Councillor Ward 3 (Wellington) Councillor Ward 4 (Ameliasburgh) Councillor Ward 4 (Ameliasburgh) Councillor Ward s (Athol) Councillor Ward 6 (Hallowell) Councillor Ward 6 (Hallowell) Councillor Ward 7 (Hillier) Councillor Ward 8 (North Marysburgh) Councillor Ward 9 (South Marysburgh) Councillor Ward 10 (Sophiasburgh) Councillor Robert L. Quaiff Treat Hull, Vice Chair Barry Turpin Jim Dunlop Dianne O'Brien Roy Pennell Jamie Forrester Gordon Fox Brad Nieman Steven Graham David Harrison, Chair Steve Ferguson Bill Roberts Regrets: Ward 1 (Picton) Councillor Ward 4 (Ameliasburgh) Councillor Ward 10 (Sophiasburgh) Councillor Lenny Epstein Janice Maynard Kevin Gale Staff Present: Manager of Planning Intermediate Planner Executive Assistant to Mayor Paul Walsh James Bar Karen Kirby 1. Call to Order The meeting was called to order at 7:25 p.m. by the Mayor. 2. Confirmation of Agenda 2.I Motion to Confirm Agenda

2 April 19, Motion Moved by Councillor O'Brien Seconded by Councillor Graham THAT the agenda for the Planning Public Council meeting of be confirmed. 3. Disclosure of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared at this time. 4. Move into Committee of the Whole to consider Staff Reports and hear Deputations 4.I MotiontomoveintoCommitteeoftheWhole Motion Moved by Councillor Roberts Seconded by Councillor Dunlop THAT Council now move into Committee of the Whole to consider staff reports with respect to the planning applications as Iisted on this agenda, receive deputations and submissions related to those planning applications, and make recommendations on each application. s. Items for Consideration 5.1 Wade Ennis 1867 County Road 19 Part Lot 104, Concession 3, Ward 4 Ameliasburgh Consent File Bq-17 Zoning Amendment File Z8-17 The Committee had before it for consideration a copy of the staff report and recommendations. The following applicant appeared before Committee: a) Wade Ennis, in agreement with the recommendations as outlined in the staff report. There were no other deputations on this matter. 2

3 Motion CW Moved by Councillor O'Brien Seconded by Councillor Graham THAT the report of the Engineering, Development and Works Commission dated April 19, 2017 regarding Consent File Bq-17 and Zoning Amendment File Z8-17 be received; THAT Consent File Bq-17 (Wade Ennis) for Iands located in Part of Lot 104, Concession 3, 1867 County Road 19, Ward 4 (Ameliasburgh) be approved, subject to the following conditions: 1. Eachconditionshallbefulfillednolaterthanoneyearfromthedateofmailing of the decision; 2. Approved rezoning of the subject lands; 3. The County may not have clear title to the road that abuts the subject property included in this proposal. The applicant will be required to confirm title of the road allowances and provide that information to the Engineering, Development and Works Commission. If it is confirmed that the applicant has title to any portion of the road allowances that applicant will be responsible for all costs to provide clear title of the subject road allowance to the County, including any additional width needed to accommodate the existing travelled road, shoulders and drainage works, all to the satisfaction of the Commissioner of Engineering, Development and Works; 4. Road widening or confirmation thereof for provision of 13.1 metres (43 feet) of road allowance from centreline of County Road 19 across the frontage of the severed and retained property in this proposal to the satisfaction of the Commissioner of Engineering, Development and Works; s. For Consent File Bq-17 the applicant provide a signed copy of a consent agreement with the Municipality that is registered on title of the entire subject property prior to the issuance of the Certificate of Consent that includes the following special clauses: "The Corporation of the County of Prince Edward makes no warranty or representation regarding the quality and/or quantity and/or impact of the water supply for the severed and/or the retained Iot. If at any time or times the quantity and/or quality of the groundwater was, is or becomes deficient or inadequate in any way or causes, directly or indirectly, an adverse impact, The Corporation of the County of Prince Edward hereby expressly disclaims any responsibility or Iiability whatsoever for any consequences, whether direct or indirect. The land owner acknowledges being solely responsible for being satisfied as to the quality, quantity and impact of water supply for the severed and/or retained Iot." 6. Theownersprovidethemunicipalitywithachequeintheamountof$1500 ($1500 per lot) as total cash-in-lieu of parkland dedication contribution of the new Iot created through Consent File Bq-17 as required by By-Iaw No 'l6; 7. The owners provide two (2) white prints and a digital copy in suitable format preferably.dwg of the final deposited plan of reference for the severed land(s) which is to conform substantially to the application as approved; 8. The owners provide the Municipality with a registrable description on a deed conveying the severed lands for use for the issuance of the Certificate of Consent; and 3

4 THAT Zoning Amendment File Z8-17 (Wade Ennis) for Iands located in Part of Lot 104, Concession 3, 1867 County Road 19, Ward 4 (Ameliasburgh) be approved. with a 2/3 majority 5.2 Brady Gunning 1760 County Road 19 Part Lot 102, Concession 2, Ward 4 Ameliasburgh Consent File B10-17 Zoning Amendment File Z9-17 The Committee had before it for consideration a copy of the staff report and recommendations. The following individual appeared before Committee: a) Wade Ennis, on behalf of the applicant and in agreement with the recommendations as outlined in the staff report. There were no other deputations on this matter. Motion CW Moved by Councillor O'Brien Seconded by Councillor Graham THAT the report of the Engineering, Development and Works Commission dated April 1 9, 2017 regarding Consent File B10-17 and Zoning Amendment File Z9-17 be received; THAT Consent File B10-17 (Brady Gunning) for lands located in Part of Lot 102, Concession 2, 1760 County Road 19, Ward 4 (Ameliasburgh) be approved, subject to the following conditions; 1. Eachconditionshallbefulfillednolaterthanoneyearfromthedateofmailing of the decision; 2. Approvedrezoningofthesubjectlands;' 3. The County may not have clear title to the road that abuts the subject property included in this proposal. The applicant will be required to confirm title of the road allowances and provide that information to the Engineering, Development and Works Commission. If it is confirmed that the applicant has title to any portion of the road allowances that applicant will be responsible for all costs to provide clear title of the subject road allowance to the County, including any additional width needed to accommodate the existing travelled road, shoulders and drainage works, all to the satisfaction of the Commissioner of Engineering, Development and Works; 4. Roadwideningorconfirmationthereofforprovisionof13.1metres(43feet)of road allowance from centreline of County Road 19 across the frontage of the severed and retained property in this proposal to the satisfaction of the Commissioner of Engineering, Development and Works; s. ForConsentFileBlO-17theapplicantprovideasignedcopyofaconsent agreement with the Municipality that is registered on title of the entire subject property 4

5 prior to the issuance of the Certificate of Consent that includes the following special clauses: "The Corporation of the County of Prince Edward makes no warranty or representation regarding the quality and/or quantity and/or impact of the water supply for the severed and/or the retained lot. If at any time or times the quantity and/or quality of the groundwater was, is or becomes deficient or inadequate in any way or causes, directly or indirectly, an adverse impact, The Corporation of the County of Prince Edward hereby expressly disclaims any responsibility or Iiability whatsoever for any consequences, whether direct or indirect. The land owner acknowledges being solely responsible for being satisfied as to the quality, quantity and impact of water supply for the severed and/or retained lot." 6. Theownersprovidethemunicipalitywithachequeintheamountof$1500 ($1500 per Iot) as total cash-in-iieu of parkland dedication contribution of the new Iot created through Consent File B10-17 as required by By-law No ; 7. The owners provide two (2) white prints and a digital copy in suitable format preferably.dwg of the final deposited plan of reference for the severed Iand(s) which is to conform substantially to the application as approved; 8. The owners provide the Municipality with a registrable description on a deed conveying the severed lands for use for the issuance of the Certificate of Consent; and THAT Zoning Amendment File Z9-'17 (Brady Gunning) for lands located in Part of Part of Lot 102, Concession 2, 1760 County Road 19, Ward 4 (Ameliasburgh) be approved. with a 2/3 majority 5.3 Kevin Korpela and Marja Korpela 1167 County Road 18 Part Lot 17, Concession I SSEL, Ward s Athol Consent File B14-17 Zoning Amendment File Z12-17 The Committee had before it for consideration a copy of the staff report and recommendations. The following applicant appeared before Committee: a) Kevin Korpela, in agreement with the recommendations as outlined in the staff report. There were no other deputations on this matter. s

6 April 19, Motion CW Moved by Councillor Forrester Seconded by Councillor Roberts THAT the report of the Engineering, Development and Works Commission dated April 19, 2017 regarding Consent File B14-17 and Zoning Amendment File Z'l2-17 be received; THAT Consent File B14-17 (Kalevi and Marja Korpela) for lands located in Part of Lot 17, Concession 1 SSEL, 1167 County Road 18, Ward s (Athol) be approved, subject to the following conditions: 1. Each condition shall be fulfilled no later than one year from the date of mailing of the decision; 2. Approved rezoning of the subject lands; 3. The County may not have clear title to Rankin Road, County Road 18, and the unopened road allowance that abuts the subject property included in this proposal. The applicant will be required to confirm title of the road allowances and provide that information to the Engineering, Development and Works Commission. If it is confirmed that the applicant has title to any portion of the road allowances that applicant will be responsible for all costs to provide clear title of the subject road allowance to the County, including any additional width needed to accommodate the existing travelled road, shoulders and drainage works, all to the satisfaction of the Commissioner of Engineering, Development and Works; 4. Roadwideningorconfirmationthereofforprovisionof13.1metresofroad allowance from centreline of County Road 18 across the frontage of the severed property in this proposal to the satisfaction of the Commissioner of Engineering, Development and Works; s. Roadwideningorconfirmationthereofforprovisionof10metres(33ff)ofroad allowance from centreline of Rankin Road across the frontage of the severed and retained property in this proposal to the satisfaction of the Commissioner of Engineering, Development and Works; 6. ConveyanceofasighttriangleattheintersectionofCountyRoad18and Rankin Road to the extent of 9 metres (as measured along County Road 18) by s metres (as measured along Rankin Road), or as otherwise specified by the Commissioner of Engineering, Development and Works; 7. For Consent File B14-'17, the applicant provide a signed copy of a consent agreement with the Municipality that is registered on title of the entire subject property prior to the issuance of the Certificate of Consent that includes the following special clauses: "The Corporation of the County of Prince Edward makes no warranty or representation regarding the quality and/or quantity and/or impact of the water supply for the severed and/or the retained Iot. If at any time or times the quantity and/or quality of the groundwater was, is or becomes deficient or inadequate in any way or causes, directly or indirectly, an adverse impact, The Corporation of the County of Prince Edward hereby expressly disclaims any responsibility or liability whatsoever for any consequences, whether direct or indirect. The land owner acknowledges being solely responsible for being satisfied as to the quality, quantity and impact of water supply for the severed and/or retained lot."; 6

7 8. Theownersprovidethemunicipalitywithachequeintheamountof$1500 (1l 500 per lot) as total cash-in-lieu of parkland dedication contribution of the new Iot created through Consent File B14-17 as required by By-law No ; 9. The owners provide two (2) white prints and a digital copy in suitable format preferably.dwg of the final deposited plan of reference for the severed Iand(s) which is to conform substantially to the application as approved; 10. TheownersprovidetheMunicipalitywitharegistrabledescriptiononadeed conveying the severed lands for use for the issuance of the Certificate of Consent; and THAT Zoning Amendment File Z12-17 (Kalevi and Marja Korpela) for Iands located in Part of Lot 17, Concession I SSEL, 1167 County Road 18, Ward s (Athol) be approved. with a 2/3 majority 5.4 Drew Byford 862 Bethel Road Part Lot 48, Concession 2 WGP, Ward 10 Sophiasburgh Consent Files B15-17 and B16-17 Zoning Amendment File Z14-17 The Committee had before it for consideration a copy of the staff report and recommendations. The following applicant appeared before Committee: a) Drew Byford, in agreement with the recommendations as outlined in the staff report. There were no other deputations on this matter. Motion CW 'l7 Moved by Councillor Roberts Seconded by Mayor Quaiff THAT the report of the Engineering, Development and Works Commission dated April 19, 2017 regarding Consent Files B15-17 and B'l6-17, and Zoning Amendment File Z14-17 be received; THAT Consent Files B15-17 and B16-17 (Drew Byford) for Iands located in Part Lot 48, Concession 2 West of Green Point, 862 Bethel Road, Ward 10 Sophiasburgh, be approved subject to the following conditions: 1. Eachconditionshallbefulfillednolaterthanoneyearfromthedateofmailing of the decision; 2. Approved rezoning of the subject lands; 3. The County may not have clear title to the roads Black Road and Bethel Road that abut the subject property included in this proposal. The applicant will be required to confirm title of the road allowances and provide that information to the Engineering, 7

8 Development and Works Commission. If it is confirmed that the applicant has title to any portion of the road allowances, that applicant will be responsible for all costs to provide clear title of the subject road allowances to the County, including any additional width needed to accommodate the existing travelled roads, shoulders and drainage works, all to the satisfaction of the Commissioner of Engineering, Development and Works; 4. The conveyance of road widening or confirmation thereof shall be established for each of the following to the satisfaction of the Commissioner of Engineering, Development and Works, and free from all encumbrances: * Across the frontage along Black Road of the severed and retained parcels, a minimum right-of-way width of 10 m (33 feet) from the centre of the traveled roadway of Black Road for each of Consent Files B15-17 and B16-17; and * Across the frontage of the retained parcel, along Bethel Road a minimum right of way width of 10 metres (33 feet) from the centre of the traveled portion of Bethel Road; s. The applicant provide proof of a ground water source, including drilled wells and dug wells, with a minimum supply of three gallons per minute (3 gal/min.) and that the wells were constructed on the severed parcels created through Consent Files B15-17 and B16-17 in accordance with the Ministry of the Environment requirements, as confirmed in writing by a licensed well driller or installer; 6. ForConsentFilesBl5-17andB16-17,theapplicantprovideasignedcopyofa consent agreement with the Municipality that is registered on title of the entire subject property prior to the issuance of the Certificate of Consent that includes the following clause: "The Corporation of the County of Prince Edward makes no warranty or representation regarding the quality and/or quantity and/or impact of the water supply for the severed and/or the retained Iot. If at any time or times the quantity and/or quality of the groundwater was, is or becomes deficient or inadequate in any way or- causes, directly or indirectly, an adverse impact, The Corporation of the County of Prince Edward hereby expressly disclaims any responsibility or liability whatsoever for any consequences, whether direct or indirect. The land owner acknowledges being solely responsible for being satisfied as to the quality, quantity and impact of water supply for the severed and/or retained lot." 7. The owners provide the municipality with a cheque in the amount of $3000 ($1500 per Iot) as total payment-in-iieu of parkland dedication contribution of the new Iot created through each of Consent Files B and B16-17 as required by By-Iaw No ; 8. The owners provide two (2) white prints and a digital copy in suitable format preferably.dwg of the final deposited plan of reference for the severed land(s) which is to conform substantially to the application as approved; 9. The owners provide the Municipality with a registerable description on a deed conveying the severed lands for use for the issuance of the Certificate of Consent; and THAT Zoning Amendment File Z14-17 for lands described as Part Lot 48, Concession 2 West of Green Point, 862 Bethel Road, Ward 10 Sophiasburgh be approved. with a 2/3 majority 8

9 5.5 Harry Veenstra and Rebecca Veenstra 112 Westwind Crescent Lot 10, Plan 18, Ward 3 Wellington Minor Variance File A8-17 is being considered in conjunction with Consent File B18-17 The Committee had before it for consideration a copy of the staff report and recommendations. The following individual appeared before Committee: a) Ray Essiambre, agent for the applicants and in agreement with the recommendations as outlined in the staff report. There were no other deputations on this matter. Motion CW Moved by Councillor Fox Seconded by Councillor Dunlop THAT the report of the Engineering, Development and Works Commission dated April 19, 2017 regarding Consent File B18-17 and Minor Variance File A8-17 be received; THAT Consent File B18-17 (Harry and Rebecca Veenstra) for lands Iocated in Lot 10, Plan 18, 11 2 Westwind Crescent, Ward 3 (Wellington) be approved, subject to the following conditions; 1. Eachconditionshallbefulfillednolaterthanoneyearfromthedateofmailing of the decision; 2. Approved rezoning of the subject lands; 3. The County may not have clear title to the road that abuts the subject property included in this proposal. The applicant will be required to confirm title of the road allowances and provide that information to the Engineering, Development and Works Commission. If it is confirmed that the applicant has title to any portion of the road allowances that applicant will be responsible for all costs to provide clear title of the subject road allowance to the County, including any additional width needed to accommodate the existing travelled road, shoulders and drainage works, all to the satisfaction of the Commissioner of Engineering, Development and Works; 4. The applicant is required to connect the severed Iot to the municipal water and sewer supply, with all costs associated being the responsibility of the applicant, to the satisfaction of the Commissioner of Engineering, Development and Works; s. Theownersprovidethemunicipalitywithachequeintheamountof$1500 ($1500 per lot) as total cash-in-iieu of parkland dedication contribution of the new Iot created through Consent File B18-17 as required by By-law No ; 6. The owners provide two (2) white prints and a digital copy in suitable format preferably.dwg of the final deposited plan of reference for the severed land(s) which is to conform substantially to the application as approved; 7. The owners provide the Municipality with a registrable description on a deed conveying the severed lands for use for the issuance of the Certificate of Consent; 8. ThatMinorVarianceFileA8-17isapproved; 9

10 THAT Minor Variance File A8-'17 for the lands owned by Harry and Rebecca Veenstra, described as Lot 10, Plan 18, '112 Westwind Crescent, Ward 3 (Wellington) be approved for the following reasons: 1. The proposed variance is minor in nature; 2. The proposed development is appropriate and desirable; 3. The proposed development meets the intent of the Official Plan, as amended; and 4. That the proposed development meets the intent of the Comprehensive Zoning By-Iaw , as amended; and THAT Minor Variance File A8-17 for the Iands owned by Harry and Rebecca Veenstra, described as Lot 10, Plan 18, 112 Westwind Crescent, Ward 3 (Wellington) be approved, subject to the following conditions: 1. ThatConsentFileBl8-17isapproved;and 2. That an Ontario Land Surveyor confirms the setbacks applied for in Minor Variance File A8-17 for the existing structure from the existing and new property lines as per Consent File B with a 2/3 majority 5.6 Cleave Management and Investment Services Ltd. and Elyse Ann Cleave Registered Plan 114 and Part Lot A, Concession 1, and 38 Talbot Street, Ward 1 (Picton) Draft Plan of Subdivision File 1 3T-"16504 Zoning Amendment File Z61-16 The Committee had before it for consideration a copy of the staff report and recommendations. The Committee received a verbal report and copy of the following material received by Planning Services staff that was not included with the printed agenda: a) Letter dated April 18, 2017 from Talbot Ridge Development Corp., 75 Valleyview Drive, Ancaster, ON L9C 2A6. The following applicant appeared before Committee: a) Dave Cleave, in agreement with the recommendations as outlined in the staff report. The following deputations appeared before Committee: a) Patricia Stenning, 15 Ackerman Street, Picton b) Jack Charles, 9 Ackerman Street, Picton. Mr. Charles advised Committee that he was also speaking on behalf of the property owners of 7 Ackerman Street. c) Peter Dudding, 53 Curtis Street, Picton d) Reese Brigham, 1 and 3 Ackerman Street, Picton. 10

11 There were no other deputations on this matter. Motion CW Moved by Mayor Quaiff Seconded by Councillor Nieman THAT the report of the Engineering, Development and Works Commission dated April 19, 2017 regarding Plan of Subdivision File 13T and Zoning Amendment File Z61-16, Cleave Management and Investment Services Ltd. and Elyse Ann Cleave, be received; and THAT, after receiving public comments, a staff report be brought back for Council's consideration. with a 2/3 majority 6. Adjourn Committee of the Whole and rise and report to Council 6.1 Motion to resume sitting as Council Motion CW Moved by Councillor Graham Seconded by Councillor Fox THAT Committee of the Whole now rise and resume sitting as Council. 7. Adoption of Committee of the Whole recommendations which received a 2/3 majority vote in favour of the staff recommendation 7.1 MotiontoAdopt Motion Moved by Councillor Forrester Seconded by Councillor Ferguson THAT the recommendation of Committee of the Whole agenda items which received 2/3 majority in favour of the staff recommendation, being: Item Wade Ennis, Part Lot 104, Concession 3, Ward 4 Ameliasburgh; Item Brady Gunning, Part Lot 102, Concession 2, Ward 4 Ameliasburgh; Item Kevin Korpela and Marja Korpela, Part Lot 17, Concession I SSEL, Ward s Athol; Item Drew Byford, Part Lot 48, Concession 2 WGP, Ward 10 Sophiaburgh; Item Harry Veenstra and Rebecca Veenstra, Lot 10, Plan 18, Ward 3 Wellington; and 11

12 Item Cleave Management and Investment Services Ltd. and Elyse Cleave, Registered Plan 114 and Part Lot A, Concession 1 and 38 Talbot Street, Ward I Picton; be adopted. 8. Deferral to the next Council or Planning Public Meeting of Committee of the Whole recommendations which did not receive 2/3 majority vote in favour of the staff recommendation 8.1 MotiontoDefer-none 9. By-laws for Consideration 9.I ThefollowingBy-Iawsarerecommendedforadoption Motion Moved by Councillor O'Brien Seconded by Councillor Forrester THAT the following By-laws be read a first, second and third time and finally passed: 9.1.I ABy-lawtoAmendCountyComprehensiveZoningBy-lawNo.l8l6-2006,as amended (Wade Ennis, Part Lot 104, Concession 3, Ward 4 Ameliasburgh). (signed as By-Iaw No ) ABy-IawtoAmendCountyComprehensiveZoningBy-lawNo.l8l6-2006,as amended (Brady Gunning, Part Lot 102, Concession 2, Ward 4 Ameliasburgh). (signed as By-Iaw No ) ABy-IawtoAmendCountyComprehensiveZoningBy-lawNo.l ,as amended (Kevin Korpela and Marja Korpela, Part Lot 17, Concession I SSEL, Ward s Athol). (signed as By-law No ) ABy-lawtoAmendCountyComprehensiveZoningBy-lawNo.lal6-2006,as amended (Drew Byford, Part Lot 48, Concession 2 WGP, Ward 10 Sophiasburgh). (signed as By-Iaw No ) 10. Confirmatory By-law 10.1 ThefollowingBy-IawconfirmstheProceedingsofthismeeting Motion Moved by Councillor Fox Seconded by Councillor Turpin THAT the following By-law be read a first, second and third time and finally passed: 12

13 A By-Iaw to Confirm the Proceedings of the Council of the Corporation of the County of Prince Edward at the meeting held on. (signed as By-Iaw No ) 11. Adjournment 11.I MotiontoAdjourn Motion Moved by Councillor Ferguson Seconded by Councillor Roberts THAT this meeting now adjourn at 8:55 p.m. [w Kim White, Clerk - "?o?:/? o ertl.aq(ia"iff; ay6r 13